Deportation Defense and Cancellation of Removal
Lawful Permanent Residents and Nonpermanent Residents can be placed in Removal Proceedings, previously called deportation, for a variety of reasons, such as:
- Violation of Immigration Laws;
- Visa or green card expiration;
- Employment violations;
- Immigration fraud;
- Felony or Misdemeanor criminal convictions;
- Final Order of Removal/Deportation after denial of asylum;
- Failure to depart after a grant of voluntary departure.
Cancellation of Removal: Eligibility
Aliens subject to removal may seek relief by applying for cancellation of removal. This form of relief is available to certain Lawful Permanent Residents (green card holders) and Nonpermanent Residents.
The eligibility requirements The eligibility is different for both categories, and can be summarized as follows:
Cancellation of Removal for Lawful Permanent Residents:
- Has been a lawful permanent resident for at least five years at the time the application is filed;
- Has continuously resided in the United States for at least seven years after being lawfully admitted and before receiving the notice to appear at the removal proceedings, and
- Has not been convicted of an aggravated felony.
Cancellation of Removal for Nonpermanent Residents:
- The alien must have been physically present in the United States for a continuous period of 10 years prior to receiving the notice to appear;
- The alien has been a person of good moral character during the 10 year period;
- The alien has not been convicted of a criminal offense under certain sections of the Immigration and Nationality Act;
- The alien’s US citizen or lawful permanent resident family members would suffer an exceptional and extremely unusual hardship if the alien was removed.
Contact our Immigration Law Firm
If you or someone you know is placed in removal proceedings or deportation, call our Immigration Law Firm today. Our board certified immigration attorneys may be able to help with your deportation case. please call us during office hours at (407) 674-6968. If you have an emergency after office hours please call us at (407) 925-2554 and we will contact you shortly. You may also fill our online form and we will get back to you shortly.